Pursuant to the provisions of the Municipal Home Rule Law, the Town Board reserves the approval authority for special permits for uses identified as such in the Use Table[1] and for any other use not specifically prohibited by this chapter. Such uses represent such diverse benefits and impacts on local land uses as to preclude specific descriptions and standards for their approval. The Town Board, in considering any application for a special permit hereunder, shall exercise such discretion reserved for legislative matters so as to ensure that the public health, welfare and safety are protected and the environmental and land use resources of the Town are most efficiently utilized.

Applications for special permits pursuant to this article shall be upon forms prescribed by the Town Board and shall contain the information required in the rules and regulations adopted pursuant to this chapter.

Fees for special permit applications and for appeals before the Town Board shall be in accordance with the Standard Schedule of Fees of the Town.[2]

An applicant for a special permit shall, simultaneously with the filing of an application with the Town Board, file an application for site development plan approval with the Planning Board, together with appropriate plans, drawings and fee for site development plan review. Thereafter, and before the Town Board shall give any consideration to or review the application for such special permit, the Planning Board shall review the application for the purpose of site development plan review in light of the general considerations and specific standards herein for special permits. Thereafter, the Planning Board shall transmit its recommendations to the Town Board within 60 days after the date of the first regular Planning Board meeting following receipt of the application for the site development plan. The application filed with the Town Board shall not be deemed complete until the Town Board receives the Planning Board's report.

The Town Board, within 62 days after receipt of the Planning Board's report, shall conduct a public hearing on the application. Written notice of said hearing shall be published in the official newspaper and posted at Town Hall, and sent by the applicant, at his expense by certified mail, return receipt requested, to all known owners of property located within 500 feet of each boundary of the subject property at least five days prior to the date of the hearing. Such other notice as required by Article 12-B of the General Municipal Law, Article 8 of the Environmental Conservation Law and other applicable laws shall also be given.

The Town Board, in approving any special permit hereunder, shall require conformance to any supplementary requirements applying to such uses generally and may establish such other conditions or limitations upon the use, or characteristics of the use, which are reasonably related to the public health, safety and general welfare and as may be necessary to carry out the intent of this chapter. The decision of the Town Board shall be made within 62 days after the close of the public hearing and filed in the office of the Town Clerk, and a copy thereof mailed to the applicant. Thereafter, the applicant will proceed with site development plan approval before the Planning Board.

Unless specifically authorized in the decision of the Town Board, no requirement or conditions of such special permit shall be subject to appeal before the Board of Appeals.

Requirements or conditions imposed by this chapter for any special permit use shall not be waived or reduced by the Town Board and shall be considered to be the minimum requirements for any authorization hereunder, except that the Town Board may authorize further application and action by the Board of Appeals. Special permits shall be deemed to be indefinite authorization unless otherwise specified in the approval thereof, but in any case shall expire within 18 months of the date of approval, unless a building permit has been issued for the special permit use. Such period may be extended on separate application to the Town Board.

The grant of special permits for the uses indicated may be conditioned on periodic renewal, which renewal shall be granted following application, public notice and hearing and may be withheld upon determination that conditions as may have been identified in the original grant requiring that the use be of temporary duration now necessitate cessation of such use; or imposition of additional or supplemental safeguards or conditions; or that the original conditions as may have been prescribed for such special permit have not been or are not being complied with, wholly or in part. Notice(s) of violation shall be a prima facie evidence of lack of conformity to such standards or conditions.